The amount of money your landlord holds as a security deposit can be significant—often equivalent to one or more months’ rent. So what can you do to make sure you get every cent back?
What to do Before You Move in
You can start protecting your security deposit the minute you fork it over to your landlord by:
- Keeping proof of payment. No matter how you pay, keep proof of payment, such as a photocopy of a check or a credit card statement. Also, ask your landlord for a receipt (some states require landlords to provide a receipt).
- Asking for details. Some laws require landlords to provide tenants with information about the account or bank where the deposit will be held. Even if there isn’t a law like this where you rent, you can ask your landlord to provide this information.
- Putting it in writing. Without written details about the terms of your security deposit (such as the amount and whether it will earn interest), even honest landlords (and tenants) can forget what they agreed upon by the time the tenancy comes to an end. A written agreement—such as a lease or rental agreement—is also the best form of evidence of your security deposit arrangement in the event you get into a dispute with your landlord.
What to do When You Move in
The best way to keep your landlord from using your security deposit to cover unpaid rent is obvious: pay your rent in full and on time. Keep records of your transactions, just in case you ever need to prove you made a payment.
When a landlord uses your deposit to cover the costs of damage, though, things can get more complicated. If you damage the rental premises, your landlord can use your security deposit to cover the costs of repairs. However, your landlord may not use the deposit to remodel, renovate, upgrade, perform routine maintenance, or fix normal wear and tear. Here’s what you can do to avoid getting into a dispute over using your security deposit to fix damage.
- Do a walk-through with your landlord. Request a joint move-in inspection, so you can address any issues quickly and directly. Be sure to get a copy of any checklists the landlord fills out. Don’t sign off on any checklists or inspection documents unless you agree what what’s in them.
- Perform an inspection on your own. Once you’ve moved in, take pictures and video of the rental, and be sure to date- and time-stamp them. Fill out your own checklist, paying special attention to items that seem worn, broken, or dirty. Be sure to date the checklist as well. If at all possible, try to have someone else, like a friend, family member, or roommate, inspect with you. This way, not only will you have an extra set of eyes looking for issues, but you’ll also have a witness if you ever need to prove the condition of the rental at move-in. If you spot any issues needing attention, notify your landlord as soon as possible.
- Request repairs when needed. Follow your lease or rental agreement’s terms on how to contact your landlord about repairs and maintenance. If your lease is silent, give your landlord a call, then follow up in writing. Report issues promptly, as you could be held responsible if a small repair mushrooms into a disaster because you delayed reaching out to your landlord.
What to do When You Move out
How you leave your rental when you move out will probably have the most impact on whether your landlord will deduct from your security deposit. Following these steps makes it more likely you’ll see your security deposit returned in full.
- Follow any written move-out instructions. Your lease, rental agreement, or a landlord’s move-out letter might provide details about how to leave your unit. For example, many leases require you to leave the property in “broom clean” condition, or have the carpets professionally cleaned. When instructions are in your lease or rental agreement, you are bound by them. If you’re unsure what your landlord means by “broom clean” or another term, ask for clarification.
- Restore the unit to move-in condition, minus wear and tear. If you’ve accidentally caused minor damage or haven’t kept up with housekeeping, do your best to repair and clean to bring the rental up to the condition it was in at move-in.
- Do a walk-through with your landlord. Before you officially move out and return the key, ask your landlord to inspect your rental unit with you in attendance. This will help you anticipate (and possibly address) any potential disputes.
- Document the condition. Regardless of whether you do an inspection with your landlord, consider doing one on your own. Just like you did at move-in, take pictures and video of the rental (noting the date and time), fill out your own checklist (you can use the same one you did at move-in), and, if possible, have someone else present while you inspect.
- Follow up, if necessary. If your landlord doesn’t return or account for your security deposit by the deadline required under state law, follow up in writing. Demand (politely) that your money be returned to you by a certain date. Cite applicable state security deposit laws, if any. Similarly, if your landlord used your security deposit in a manner you disagree with, put it in writing. Provide documentation supporting your argument, whether it’s a copy of your security deposit receipt or photos comparing the state of the apartment at move-in and move-out.
Most of the time, when a landlord wrongfully retains a security deposit, the matter is resolved quickly once the tenant makes a well-supported demand in writing. However, some security deposit disputes do end up in court. Depending on the amount you’re owed and the strength of your position, you’ll have to make a call as to whether suing your landlord in small claims court might be worth your time and money—a brief consult with a local landlord-tenant attorney about your situation might be helpful, or consider seeking advice from a local housing authority or tenant rights group.